TY - JOUR
AU - Salahuddin, Melvin
AB - (1) Special Report: The Closure of Komodo National Park The closure of Komodo National Park to the public became significant news this year. It triggered public debates not only in Indonesia but also in the international arena. The closure was part of a plan to develop the National Tourism Strategic Area as a super priority site in Labuhan Bajo, the entrance of the national park (<https://theconversation.com/3-hal-yang-perlu-diperhatikan-dalam-pembangunan-taman-nasional-komodo-149278>). Komodo National Park is located in the province of Eastern Nusa Tenggara. The park includes three main islands—Komodo, Rinca, and Padar—as well as numerous smaller islands, creating a total surface area (marine and land) of 1,817 square kilometres (proposed extensions would bring the total surface area up to 2,321 square kilometres). The park also provides refuge for many notable terrestrial species such as the orange-footed scrub fowl, an endemic rat, and the Timor deer. Moreover, the park includes one of the richest marine environments, including coral reefs, mangroves, sea-grass beds, seamounts, and semi-enclosed bays. These habitats harbour more than one thousand species of fish, approximately 260 species of reef-building coral, and seventy species of sponges. Dugong, sharks, manta rays, at least fourteen species of whales, dolphins, and sea turtles also make Komodo National Park their home (<www.komodonationalpark.org>). Initially, the purpose of establishing the park in 1980 was to conserve the Komodo dragon (Varanus komodoensis). Yet it later expanded to include the conservation of its entire biodiversity, both terrestrial and marine. In 1986, the park was declared as a World Heritage Site and a Man and Biosphere Reserve by the United Nations Educational, Scientific and Cultural Organization. The plan to close Komodo Island to public access began in 2019. Public affairs officials of East Nusa Tenggara province stated that this plan was a follow-up action after the East Java Police department revealed the smuggling of forty-one Komodo dragons at a price of 500 million Indonesian Rupiah (approximately US $38,000) each by a criminal network. During 2016–19, this was the seventh attempt of the network, which carried out their action by taking the young dragons after killing their mother. After talks between East Nusa Tenggara provincial officers and a team from the Ministry of Environment and Forestry, they decided to close the park temporarily from January 2020 to 2021. The closure had conservation purpose. When no tourists come, it provides opportunities for the government to carry out conservation. Also, this closure gives time for the national park management to maintain the food supply of the Komodo dragon (<https://ekonomi.bisnis.com/read/20190329/12/905906/ini-penyebab-pulau-komodo-ditutup-mulai-januari-2020->). Economic interests also contributed to the closure. The governor of East Nusa Tenggara expressed his opinion: ‘It’s called Komodo Island, so it’s for the Komodo not for humans. There will be no human rights there, only animal rights. …Too many people are coming in—they are paying next to nothing, and that means anyone can enter,’ he stated. The current charge is approximately US $10 per person. For his new vision, he would charge a much higher price. ‘People will have to become members and pay $1,000 to enter for a year. I think that’s cheap. So if we let 50,000 people in we will have $50 m[illion] a year’ (<https://www.bbc.co.uk/news/extra/5bBE5791M9/The_fight_for_Dragon_Island>). This interest drove environmental organizations to accuse the government of ignoring conservation purposes. They claimed that the government aimed to transform the island into a ‘Jurassic park’ to attract more tourists. In this case, local inhabitants would be alienated from their native soil and the Komodo could face extinction as more and more tourists come to their habitat. Critics reached their peak after a unique picture was widely circulated in social media, where a Komodo stood opposite to a truck. The general public claimed that the picture showed the Komodo tried to stop the truck (<https://nasional.kompas.com/read/2020/10/27/07472221/pembangunan-jurassic-park-dan-kelangsungan-hidup-komodo?page=all>). Dr Tim Jessop, an Australian academic who has been monitoring the Komodo population in partnership with the national park since 2002, agreed that there were issues with the current tourist visits. The growing number of boats coming back and forth, including the plastic waste thrown from them, was having an impact on marine life and thus a stronger regulation was a necessity before the situation became very difficult to control (<https://www.bbc.co.uk/news/extra/5bBE5791M9/The_fight_for_Dragon_Island>). As a clarification, the Ministry of Environment stated that the operation of trucks and other heavy equipment in the Rinca Island Project were strictly under control by officers. The use of heavy equipment can hasten the operation and consequently lowered the potential disruption of komodo population in the site (<https://nasional.kompas.com/read/2020/10/27/07472221/pembangunan-jurassic-park-dan-kelangsungan-hidup-komodo?page=all>). In fact, the closure plan was not for the entire national park. The plan to develop nature tourism with a ‘lost world’ theme only included Rinca Island. The minister of construction clarified that Rinca Island would be developed as a geo-park that prioritized the protection and sustainability of the habitat living in the island, and the economic incentive for the people living in and around the National Park (<https://nasional.kompas.com/read/2020/10/27/07472221/pembangunan-jurassic-park-dan-kelangsungan-hidup-komodo?page=all>). The Ministry of Environment and Forestry explained that of the total area of the National Park, the Zone for Tourism was 824 hectares (0.4 percent) and the Zone for Marine Tourism was 1,584 hectares (0.95 percent). The development of natural tourism involved only the two zones. Thus, the current development still followed the precautionary principle and was in line with the National Park master plan (<https://www.menlhk.go.id/site/single_post/3333>). (2) General Details In January, several government bodies and private international organizations cooperated to save a sun bear (Helarctos Malayanus) in a plantation in the Langkat Regency of North Sumatra province. The North Sumatra Biodiversity Conservation Body, the National Park Leuser Mountain Body, the Orangutan Information Centre, and the Wildlife Conservation Program-Indonesian Program collaborated to rescue the bear, which was entangled in a hunter’s trap. After a few days, the bear was released back to the forest (<https://www.menlhk.go.id/site/single_post/2636>). The Indonesia Ministry of Environment and Forestry announced its plan to increase investment and productivity in productive forest (forest areas for the production of forest products. Usually, this kind of forest is included in a natural forest category that can be exploited for harvesting planted woods). A spokesperson announced that the ministry was prepared to implement several reforms, including easier investment in production forest areas, business development in natural forest and industrial forest areas, business development of non-timber forest production and environmental service, easier industrial investment related to exporting forest product, and optimization of non-tax income from the forestry sector. This plan was a response to a slight drop of state income from production forests in 2019 (<http://ppid.menlhk.go.id/siaran_pers/browse/2271>). Officers of the Indian Forest Service visited the Indonesian Forest and Land Fire Control Post in Jakarta. The officers wanted to develop their knowledge, and shared their experience in preventing and handling forest and land fires (SP.027/HUMAS/PP/HMS.3/01/2020). In February, the Directorate General of Law Enforcement, under the Ministry of Environment and Forestry, detained the president director of NTS, a Service Company for Processing Hazardous and Toxic Waste (B3). The director was suspected of committing a criminal act of environmental pollution in Bekasi, West Java (<http://gakkum.menlhk.go.id/infopublik/detail/39>). The Director General of Climate Change Control stated that Indonesia’s previous target to reduce emissions, first stated in its national determined contribution (NDC), had not changed. The director stated this during public consultation for the drafting of Indonesia’s updated NDC for 2020. Indonesia’s initial target was to reduce the amount of emissions by 29 percent and increase this to 41 percent by 2030, with the support of international cooperation. Although the target was considered quite ambitious for Indonesia’s contribution to reducing global emissions in the context of controlling climate change, no changes have been made since 2016 (SP. 055/HUMAS/PP/HMS.3/02/2020). In February, Bukit Baka Bukit Raya National Park Office, the Central Kalimantan Biodiversity Conservation Office, and the Borneo Orang Utan Survival Foundation cooperated to rehabilitate orangutans at the Nyaru Menteng Orangutan Rehabilitation centre. In late February, the institutions released three orangutans in the Bukit Baka Bukit Raya National Park area (<www.orangutans.com.au/information/an-update-on-alba/>). Indonesia’s president personally handed over Social Forestry Decrees for thirty-nine Village Forest and Community Forest Decrees, two Customary Forests in nine districts, and ten Forestry Management Areas in Riau Province. The president stated that he would continue to distribute such decrees to small community groups. Across Indonesia, there were 12.7 million hectares allocated for the people. As of February 2021, more than 4 million hectares of such forests were distributed by the government. The president expected that the village and community forests should be utilized immediately by the community so the areas can be productive and have economic value (<https://setneg.go.id/baca/index/presiden_jokowi_serahkan_41_sk_perhutanan_sosial_di_provinsi_riau>). Bandung District Court in the province of West Java granted the Ministry of Environment and Forestry lawsuit against Kamarga Kurnia Textile. The Court declared that the company had polluted the environment in South Cimahi District. The panel judges sentenced the company to pay compensation of 4.25 billion Indonesian rupiah, which was lower than the amount demanded by the ministry of 18.2 billion Indonesian rupiah (<https://mediaindonesia.com/humaniora/292735/klhk-menangkan-gugatan-atas-perusahaan-pencemar-sungai-citarum>). In April, the operation team of the Fast Reaction Forestry Police Unit of the Jambi Tiger Brigade, together with the Limau Production Forest Management Unit Sarolangun, secured two trucks carrying seventy-one illegally obtained logs at Simpang Desa Pelawan, Singkut District, Sarolangun Regency, Jambi Province. The illegal wood was suspected to have originated from Kerinci Seblat National Park (<https://mediaindonesia.com/humaniora/304203/klhk-tangkap-dua-truk-pembawa-kayu-ilegal>). Since the outbreak of COVID-19, the Orang Rimba (jungle people), who live on the edge of the Bukit Dua belas National Park forest area, anticipated the danger of the pandemic by going back into the forest. They called it Besesandingon or isolating themselves from people who were sick or who are suspected of having a disease. The jungle people still hold on to their traditions, including being alone in the forest, which was analogous to working from home, social distancing, or physical distancing (<https://www.mongabay.co.id/2020/09/30/besesandingon-tradisi-orang-rimba-tangkal-penyebaran-penyakit/>). The Directorate General of Forestry Planning and Environmental Management of the Ministry of Environment and Forestry released the 2019 data of Indonesian forest monitoring. The data showed that the total forested land area of Indonesia’s mainland is 94.1 million hectares or 50.1 percent of the total land area. Of this amount, 92.3 percent of the total forested area, or 86.9 million hectares, is in the forest area. This data suggests that Indonesia’s deforestation trend is relatively lower, and tends to be stable. The net deforestation in 2018–19, both inside and outside Indonesia’s forest areas, was 462.4 thousand hectares. This figure is derived from the gross deforestation figure of 465.5 thousand hectares, minus the reforestation figure (monitoring satellite imagery) of 3,100 hectares (<http://ppid.menlhk.go.id/siaran_pers/browse/2434>). In May, Bukit Barisan Selatan National Park Centre began installing global positioning system (GPS) collars on Sumatran elephants in order to minimize conflict with humans. By using GPS, the movement of the elephants can be monitored, and thus it is easier for the centre to take precautionary measures to prevent conflict with humans (<https://www.mongabay.co.id/2020/05/15/agar-tidak-konflik-gajah-liar-di-tnbbs-dikalungi-gps-collar/>). In June, Indonesia received an incentive of US $56 million from Norway for successfully reducing carbon emissions in 2016–17. This incentive payment was the result of a collaboration between Indonesia and Norway in the REDD + scheme. The total emissions reduction achieved by Indonesia in that period was 11.2 million tons of carbon dioxide equivalent (<https://nasional.kompas.com/read/2020/07/06/19162701/ri-dapat-rp-812-miliar-dari-norwegia-karena-hal-ini>). In August, Indonesia received US $103.8 million as performance payments through the Result Based Payment (RBP) scheme from of the Green Climate Fund. The payment was the result of Indonesia’s REDD+ performance for the 2014–16 period, with a volume reduction of approximately 20.3 million tons of carbon dioxide equivalent. Results-based payments for the success of emissions reductions from REDD+ were verified by an independent technical team appointed by the Secretariat of the United Nations Framework Convention on Climate Change (<http://ppid.menlhk.go.id/siaran_pers/browse/2627>). For the first time in Indonesia, illegal mining actors were sentenced to multiple penalties. This was happened after Koba District Court, Central Bangka Regency, found Azeman bin H. Maharan guilty of committing two crimes at once in a case of illegal mining in the protected forest area of Lubuk Besar. The defendant was legally and convincingly proven to have committed a criminal act, with the first indictment: mining in the forest area without the minister’s permission, and the second indictment: intentionally causing the environmental damage standard criteria to be exceeded (<https://www.menlhk.go.id/site/single_post/3175>). In September, Indonesia and Timor-Leste agreed to continue technical cooperation in the forestry sector. This collaboration acted as a medium to increase the role and contribution of Indonesia in the Southeast Asia region, especially to neighbouring countries. Through the provision of technical assistance, Timor-Leste received benefits—namely, an increase in human resources in the forestry sector. The extension of this collaboration was marked by the signing of a memorandum of understanding between the Ministry of Environment and Forestry and the Ministry of Agriculture and Fisheries of Timor-Leste (<http://b-oneindonesia.co.id/berita/02/09/2020/indonesia-timor-leste-lanjutkan-kerjasama-teknis-sektor-kehutanan/>). Indonesia’s minister of environment and forestry and the ambassador of the United Arab Emirates (UAE) conducted a virtual meeting to discuss various items, including an environmental investment plan and cooperation on mangrove development. They also discussed a cooperation on research between Elite Agro LLC, an agricultural sector company from the UAE, and the Research and Development Agency of the Ministry of Agriculture. The two institutions will cooperate to research and develop Agricultural Crops Commercialization in Lembang, West Java province, but their cooperation is constrained by land provision. The minister expressed her willingness to assist and find a solution to the constraints (<https://www.menlhk.go.id/site/single_post/3252>). The Jakarta High Court Panel of Judges granted the lawsuit by the Ministry of Environment and Forestry (KLHK) against PT Kaswari Unggul (PT KU). PT KU was declared to have committed an illegal act with absolute responsibility (strict liability) for environmental damage due to the burning of peatlands covering an area of 129.18 hectares in 2015 in Tanjung Jabung Timur, Jambi province. The Court sentenced PT KU to pay material compensation and environmental restoration costs of 25.6 billion Indonesian rupiah. The decision of the Jakarta High Court Judge is in accordance with the value of the lawsuit filed by the Ministry of Environment and Forestry at the South Jakarta District Court amounting to 25.6 billion Indonesian rupiah. The decision of the High Court was based on an appeal by PT KU on the Decision of the South Jakarta District Court in 2019 (<https://www.dunia-energi.com/rusak-lingkungan-perusahaan-sawit-kaswari-unggul-dihukum-bayar-ganti-rugi-rp256-miliar/>). In October, Indonesia’s minister of environment and forestry issued Open Letter no. S. 715/MenLHK/Setjen/Set.1/10/2020 to answer the concerns of thirty-five foreign investors and other interested parties related to an omnibus law on job creation (<https://www.menlhk.go.id/site/single_post/3322>). The thirty-five investors had sent an open letter to Indonesia’s government expressing their concerns about the potential of the omnibus law bill to risk violating international best practices standards. They thought that the violation could endanger their business activities, which in turn would prevent investors from entering the Indonesian market (<https://www.cnnindonesia.com/nasional/20201017191534-20-559623/siti-nurbaya-jawab-tuduhan-investor-global-soal-amdal-omnibus>). Indonesia hosted the thirtieth meeting of the Association of Southeast Asian Nations (ASEAN) Working Group on Nature Conservation and Biodiversity virtually on 21–2 October. This group was formed to intensify cooperation in the field of biodiversity conservation and sustainable use and promotion of a clean and green environment in the ASEAN region. The member nations were expected to be actively involved in the discussion of the Post-2020 Biodiversity Framework, taking into account the ability to mobilize resources and technology, share benefits fairly, and strengthen the implementation of other global agendas, including the Paris Agreement targets (<http://setnas-asean.id/news-events/read/indonesia-bersama-negara-asean-bahas-upaya-konservasi-keanekaragaman-hayati>). In November, Indonesia signed a payment agreement on the Forest Carbon Partnership Facility (FCPF), managed by the World Bank. The FCPF aims to reduce carbon emissions from deforestation and forest degradation by 2025. The agreement contained in Indonesia’s Emission Reduction Payment Agreement document was signed by the KLHK, representing the Indonesian government, and the World Bank Representative for Indonesia and Timor-Leste (<https://www.thejakartapost.com/news/2020/11/28/indonesia-world-bank-strike-deal-on-emissions-reduction.html>). Under this agreement, Indonesia will potentially receive RBP of up to US $110 million to reduce 22 million tons of carbon dioxide emissions in East Kalimantan province. The agreement also provides the opportunity for Indonesia to enter the so-called ‘call option’—a mechanism to re-apply to the World Bank for RBP incentives when the nation can exceed the target at the end of the period. The RBP payment would be received in stages according to the achieved reduction target (<http://ppid.menlhk.go.id/siaran_pers/browse/2329>). The Central Jakarta District Court granted the Ministry of Environment and Forestry's lawsuit against PT Sumber Sawit Sejahtera. In the verdict, the panel of judges stated that the company was proven to have committed an illegal act and was obliged to pay compensation of 160,530,240 Indonesian rupiah in accordance with the KLHK lawsuit, and stated that the lawsuit used absolute responsibility (strict liability) (<https://voi.id/berita/19743/gugatan-ganti-rugi-klhk-menang-pt-sumber-sawit-sejahtera-wajib-bayar-rp160-m>). In December, eleven Sumatran orangutans (Pongo Abelii) from Thailand and Malaysia were successfully repatriated to Indonesia. The event was a result of a cooperation between the Ministry of Environment and Forestry, the Ministry of Foreign Affairs, the Indonesian Embassy in Kuala Lumpur, and the Indonesian Embassy in Bangkok. The eleven orangutans were the victims of illegal international wildlife trafficking and were successfully confiscated by local authorities. Before being returned to Indonesia, the eleven orangutans underwent a series of health checks by health authorities in each country—both physical and laboratory tests, including COVID-19 (<https://rri.co.id/humaniora/info-publik/948506/11-orangutan-sumatera-berhasil-direpatriasi>). In December, investigators from the Ministry of Environment and Forestry confiscated 300 kilograms of deer meat, which was equivalent to thirty deer, to be sent outside of the province of East Nusa Tenggara, and detained the perpetrators. It was suspected that the deer meat came from illegal deer hunting in Komodo National Park because the largest population of deer can be found in the protected park. The investigators stated that the population of deer, buffalo, and other animals in Komodo National Park was the high priority of government to protect because they were the prey of the Komodo Dragon (<https://www.antaranews.com/berita/1915292/klhk-sita-300-kg-daging-rusa-ilegal-di-labuan-bajo>). © The Author(s) 2021. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com This article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model (https://academic.oup.com/journals/pages/open_access/funder_policies/chorus/standard_publication_model)
TI - 13. Southeast Asia
JO - The Yearbook of International Environmental Law Series
DO - 10.1093/yiel/yvab041
DA - 2021-12-06
UR - https://www.deepdyve.com/lp/oxford-university-press/13-southeast-asia-P7fTYaMaRT
SP - 218
EP - 224
VL - 31
IS - 1
DP - DeepDyve
ER -